- (a) A deceptive commercial practice is the knowing act, use or employment by any person of any deception, fraud, false pretense, false promise, or misrepresentation of a material fact, with the intent that others shall rely thereon in connection with the sale of any merchandise.
- (b) A deceptive commercial practice is a class B nonperson misdemeanor.
- (c) It shall not be a defense to a charge of deceptive commercial practice that no person has in fact been misled, deceived or damaged thereby.
(d) As used in this section:
- (1) "Merchandise" means any objects, wares, goods, commodities, intangibles, real estate or services;
- (2) "person" means any natural person, partnership, domestic corporation, foreign corporation, company, trust, business entity or association; and
- (3) "sale" means any sale, offer for sale, or attempt to sell any merchandise for any consideration.
- (e) This section shall not apply to the owner or publisher of any newspaper, magazine or other printed matter wherein an advertisement appears, or to the owner or operator of a radio or television station which disseminates an advertisement, when such owner, publisher or operator had no knowledge of the intent, design or purpose of the advertisement.
L. 2010, ch. 136, § 234; July 1, 2011.